TEJINDER SINGH DHINDSA,J. - (1.) The instant writ petition was instituted in the year 2006 seeking the issuance of a writ of mandamus directing the respondent-Authorities to release to the petitioner full family pension. Further prayer made is for refund of the amount that already stands recovered from the petitioner on the pretext that excess payment towards family pension had been released.
(2.) Facts, in brief, are that husband of the petitioner while serving on a Class IV post under the Punjab Excise Dep]ment, died in harness on 6.7.1994. Thereafter, the petitioner was granted family pension. Son of the petitioner was granted compassionate appointment in the respondent-Excise Department in the year 1995.
(3.) From the pleadings on record, it transpires that for the period July 2001 to June 2004 the petitioner was entitled for 2nd rate (reduced rate) of family pension i.e. with effect from 7.7.2001. However, inadvertently, family pension being paid to the petitioner was not reduced as per entitlement. That apart, as per Government policy decision, if a family member of a deceased employee is granted benefit of compassionate appointment, then the dearness allowance component is not admissible on family pension. In spite of son of the petitioner having been granted the benefit of compassionate appointment in the year 1995 itself, certain payment towards DA component on family pension was also released to the petitioner. It is towards making necessary rectification that the family pension of the petitioner was reduced and the excess payment made over was sought to be recovered in instalments of L 2,000/- per month.;